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Pothole damage, Can you claim for this?
sercoman
post Tue, 20 Feb 2018 - 20:24
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Shoe damage!

Ripped open the leather of the side of a boot as my foot stood on what I thought was tarmacadam, turned out to be a 5" deep water filled pothole + 2 ft long.

Streetlamps in the area replaced a few years ago from Sodium to LED and due to the trees / shrubs on the road this was almost an area of darkness, filmed after the event and with Night Vision on max there is no discernable difference between the water and the road surface.

I know the road isn't great as I live there! This was a new pothole on me, though in the middle of the [single track] road so I may not have noticed when driving. There is a fix my street note of "3+ potholes" at the locale, plus over the year (last 5) 30+ fix my street reports of potholes on this road - single road, multi-patched.

Under the old streetlights there were no dark patches like this. I know my lesson now to take a torch and not rely on the streetlight illuminating the road (no pavement despite being residential both sides) but that these boots were a present to me from my time in the states, rodeoing. No don't be daft, I didn't really rodeo but they are expensier, very little wear and from the two shoe repairers I have seen I'm looking at £200+ to get these sent away for specialist repair. Don't get me wrong, these are good boots, must have done 2,000 miles in them, they're on their 2nd / 3rd soles (R/L) but sentiment and sustainably I'd like to keep them going.

Do you reckon I can get the council to pay up? They paid for a tyre and alloy on said road a few years ago, minus genearal age related wear / use nay bother. If I have a £200 repair to keep the boot wearable should I accept £150?
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post Tue, 20 Feb 2018 - 20:24
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peterguk
post Tue, 20 Feb 2018 - 20:36
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QUOTE (sercoman @ Tue, 20 Feb 2018 - 20:24) *
Do you reckon I can get the council to pay up?


Are you serious?


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glasgow_bhoy
post Tue, 20 Feb 2018 - 22:42
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I feel your pain... lost a beautiful pair of Calvin Clein suede brogues to a pothole a few weeks ago (ripped the side open).

But this does sound like your on the windup suggesting the council can be claimed against.
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mickR
post Tue, 20 Feb 2018 - 23:23
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But if the OP had broken his ankle in this pothole everyone would say make a claim.
Pothole... damaged tyre... damaged shoe... tyre.. shoe.. shoe ...tyre.
Why Not?
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The Rookie
post Wed, 21 Feb 2018 - 06:36
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Depends if the council have any liability at all in the first place
1/ Should they have reasonably been aware of it (or were they aware of it)
2/ GIven its a road and not a footway/path was the pothole a risk to vehicles such that they should have repaired it
3/ Liability of pedestrain to take reasonable care, shoukd a pedestrian satnd in a puddle not knowing whats underneath (Im not making a suggestion here, its what would be considered).

Thats my take on it at least.


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facade
post Wed, 21 Feb 2018 - 16:56
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QUOTE (sercoman @ Tue, 20 Feb 2018 - 20:24) *
Streetlamps in the area replaced a few years ago from Sodium to LED


Ours too, and they are rubbish! I could do microsurgery standing directly underneath one, but I can't see the muggers as soon as I'm 20 feet from one. Also took a few weeks to realise that the light patches are not a car coming down the road.

I recall reading how much they cost, and how much they saved and over their lifespan they only break even unless the sodium lamps actually needed to be replaced....


QUOTE (sercoman @ Tue, 20 Feb 2018 - 20:24) *
Under the old streetlights there were no dark patches like this. I know my lesson now to take a torch and not rely on the streetlight illuminating the road


I have one in my coat pocket, so I don't paddle in the lakes of dogs##t that are always in the black areas.
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southpaw82
post Wed, 21 Feb 2018 - 20:39
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QUOTE (mickR @ Tue, 20 Feb 2018 - 23:23) *
But if the OP had broken his ankle in this pothole everyone would say make a claim.

Would they?


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mickR
post Wed, 21 Feb 2018 - 22:40
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QUOTE (southpaw82 @ Wed, 21 Feb 2018 - 20:39) *
QUOTE (mickR @ Tue, 20 Feb 2018 - 23:23) *
But if the OP had broken his ankle in this pothole everyone would say make a claim.

Would they?


Maybe mot everyone then rolleyes.gif
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southpaw82
post Wed, 21 Feb 2018 - 22:50
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QUOTE (mickR @ Wed, 21 Feb 2018 - 22:40) *
QUOTE (southpaw82 @ Wed, 21 Feb 2018 - 20:39) *
QUOTE (mickR @ Tue, 20 Feb 2018 - 23:23) *
But if the OP had broken his ankle in this pothole everyone would say make a claim.

Would they?


Maybe mot everyone then rolleyes.gif

I try to have more information first tongue.gif


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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mickR
post Wed, 21 Feb 2018 - 23:17
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QUOTE (southpaw82 @ Wed, 21 Feb 2018 - 22:50) *
QUOTE (mickR @ Wed, 21 Feb 2018 - 22:40) *
QUOTE (southpaw82 @ Wed, 21 Feb 2018 - 20:39) *
QUOTE (mickR @ Tue, 20 Feb 2018 - 23:23) *
But if the OP had broken his ankle in this pothole everyone would say make a claim.

Would they?


Maybe mot everyone then rolleyes.gif

I try to have more information first tongue.gif


You mean like "you'll have to keep this plaster cast on for 6 weeks" biggrin.gif
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southpaw82
post Wed, 21 Feb 2018 - 23:42
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QUOTE (mickR @ Wed, 21 Feb 2018 - 23:17) *
You mean like "you'll have to keep this plaster cast on for 6 weeks" biggrin.gif

That definitely helps!


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typefish
post Thu, 22 Feb 2018 - 09:46
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QUOTE (The Rookie @ Wed, 21 Feb 2018 - 06:36) *
3/ Liability of pedestrain to take reasonable care, shoukd a pedestrian satnd in a puddle not knowing whats underneath (Im not making a suggestion here, its what would be considered).


When does walking become hop scotch?
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post Thu, 22 Feb 2018 - 13:07
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QUOTE (typefish @ Thu, 22 Feb 2018 - 09:46) *
QUOTE (The Rookie @ Wed, 21 Feb 2018 - 06:36) *
3/ Liability of pedestrain to take reasonable care, shoukd a pedestrian satnd in a puddle not knowing whats underneath (Im not making a suggestion here, its what would be considered).


When does walking become hop scotch?



We all know why Doctor Foster avoids Gloucester, the issue is the woefully inadequate LED lighting makes it difficult to see the puddles to avoid them.
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sercoman
post Mon, 26 Feb 2018 - 22:48
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£278 offerred as a bank transfer without predjudice....half price or the shoe repair less wear and tear...........................gone for!!!!! Saves everyones time (esp as the hole has now been filled by a car the council worhers on the adjacent road...........)>

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DancingDad
post Mon, 26 Feb 2018 - 22:51
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QUOTE (sercoman @ Mon, 26 Feb 2018 - 22:48) *
£278 offerred as a bank transfer without predjudice....half price or the shoe repair less wear and tear...........................gone for!!!!! Saves everyones time (esp as the hole has now been filled by a car the council worhers on the adjacent road...........)>


That offer from the council ???

Hope you didn't hurt them when you snatched their hand off.
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The Rookie
post Tue, 27 Feb 2018 - 03:53
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Not cheap shoes then!

I guess the council figure someone wearing a pair of shoes that are cost effective to repair with a bill that high can afford to create a painful thorn in their side!


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notmeatloaf
post Tue, 27 Feb 2018 - 09:55
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Bloody hell, I got a sore ar5e from cycling over a pothole the other day. Off to submit my claim to the council for having to nab a comfy swivel chair and hurt feelings when I got to work.
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sercoman
post Tue, 6 Mar 2018 - 00:10
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Well, today as we got home there were four guys in Tarmac fleeces wandering down our road. We parked up and they wandered to our house. They are surrvying the road on behalf of the council as the road has an excessive number of reports of potholes.

That would be due to the excessive number of potholes I reply (on the estate were are in roads either side have been re Mcaddamed in the last five / seven years, ours never has in 15 / 20 despite new water mains, new cable TV, collappsed water mains due to construction traffic for another estate off our road etc etc).

Tarmac guys were very friendly, their recommendation to the council is based on their survey the road needs stripping back and fully resurfacing, especially due to the pedestrian hazards (single roadway, no pavement).

I ask what has caused this......and get the knowing response......"potential pedestrian injury".

I then back fill the guys in on the shoe incident and there are some knowing smirks. After a brief discussion of logistics when the road will be shut for a week during resurfacing (the parallel road is 20m up ginnels so easy to leave daily drivers up there) the final comment from the Tarmac guy isn't so good..."We'll be doing this work in April". "National Grid / Northwest Networks are going to dig it up again in May to replace the gas pipes to houses".......so we'll be back again after that to fix your new potholes..........if the councilpay a second time - they've money surplus in the budget to March 2018 qat the moment.

Couldn't make it up could you!

This post has been edited by sercoman: Tue, 6 Mar 2018 - 00:12
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mickR
post Tue, 6 Mar 2018 - 10:40
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QUOTE (glasgow_bhoy @ Tue, 20 Feb 2018 - 22:42) *
I feel your pain... lost a beautiful pair of Calvin Clein suede brogues to a pothole a few weeks ago (ripped the side open).


Calvin Clein ohmy.gif did you buy them from a Chinese street trader? laugh.gif
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